The New Jersey Tort Claims Act governs personal injury actions asserted against public entities. N.J.S.A. 59:8-8 requires that a notice of claim be filed within 90 days of the accrual of your legal claim. The notice requirement is a perquisite for filing a personal injury lawsuit against a public entity. Ordinarily, the accrual date is “the date on which the accident occurs” Fuller v. Rutgers, The State University, 154 N.J. Super. 420, 423 (App. Div. 1977). Due to the 90 day notice requirement, accident victims are well served to promptly seek out legal representation after an accident whenever a public entity may be involved.

Those that fail to timely file a notice of claim within 90 of accrual may be able to take advantage of N.J.S.A. 59:8-9. That section of the Tort Claims Act provides that a late notice of claim may be filed after 90 days if the claimant can demonstrate extraordinary circumstances for his failure to timely file a notice of claim and the public entity is not substantially prejudiced by the late filing. The late notice of claim must be filed within one year of accrual under N.J.S.A. 59:8-9. In 1994, the state legislature amended the statute to its present day form in an effort to raise the standard for allowing a late notice of claim filing. A key factor in determining whether extraordinary circumstances justifies a late notice filing is whether an injured party promptly seeks out legal counsel to investigate her case. Mendez v. Siazon, 208 N.J. 463 (2011).

The attorneys at the Ginarte Law Firm have the expertise and experience to prosecute personal injury claims against municipalities. If you have been in an accident, do not delay, contact the Ginarte Law Firm at 1-888-GINARTE or use our online contact firm.